Indigenous People Now Get More Rights for Their Lands Here

Indigenous communities in Ecuador have much to celebrate since the country’s Constitutional Court declared that their consultation and support are crucial prior to any extractive projects occurring on their lands, thus giving tribes agency and autonomy.

“The sentence seems to be an advance in the recognition of the rights of Indigenous peoples to consent [to projects affecting their land], which is the ultimate purpose of the consultation,” says Lina Maria Espinosa, a senior attorney with the environmental NGO Amazon Frontlines. “This goal must always be pursued by the state.”

The Constitutional Court expanded upon a 2018 lawsuit in Sinangoe where the indigenous community sued three government ministries for violating their rights and selling mining concessions on their territory without having consulted them prior. Now, before any extraction activity can occur, a consultation process must be conducted nearby the community, in a “clear and accessible” way with the goal of “obtaining consent or reaching an agreement with” the community, according to the ruling.